Supreme Court Grants Bail to Hemant Soren’s Associate, Reaffirms ‘Bail is the Rule, Jail the Exception’ Under PMLA
The Supreme Court stated that no person should be denied their liberty.
Image credit: The Wire
In granting relief to an aide of Jharkhand Chief Minister Hemant Soren in an illegal mining case filed by the Enforcement Directorate, the Supreme Court emphasized on Wednesday that even in money laundering cases, bail is the norm.
A bench of Justices BR Gavai and KV Viswanathan reiterated that under the Prevention of Money Laundering Act (PMLA), “bail is the rule and jail is the exception.” The court affirmed that no one should be deprived of their liberty and clarified that Section 45 of the Act does not alter this principle to imply that deprivation of liberty is the standard.
Citing the August 9 ruling in money laundering cases involving former Delhi Deputy Chief Minister Manish Sisodia, the court emphasized that individual liberty is the rule, and its deprivation, as per legal procedures, is the exception. The bench also stated that the twin test under Section 45 of the PMLA does not override this principle. The court subsequently granted bail to Prem Prakash, reportedly a close associate of Hemant Soren.
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